Data Protection Commissioner: Reappointment

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A decision made on 16 November 2010 regarding the reappointment of the Data Protection Commissioner

Decision Reference: MD-TR-2010-0158
Decision Summary Title:	Data Protection Commissioner -reappointment		Date of Decision Summary:	01 November 2010
Decision Summary Author:	Director of Human Resources		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Data Protection Commissioner -reappointment		Date of Written Report:	01 November 2010
Written Report Author:	Director of Human Resources		Written Report : Public or Exempt?	Public
Subject: Reappointment of Mrs Emma Martins as Data Protection Commissioner.
Decision(s): The Minister decided to lodge ‘au Greffe’ a Report and Proposition seeking the re-appointment (and confirmation of the terms thereof) of Mrs Emma Martins as Data Protection Commissioner.
Reason(s) for Decision: The post of Data Protection Commissioner expires and the reappointment of Mrs Emma Martins has been recommended by the States Employment Board.
Resource Implications: None - the Data Protection Commissioner is already in post.
Action required: Greffier of the States is requested to arrange for the attached Report and Proposition to be lodged ‘au Greffe’ with a request for debate at the earliest opportunity.
Signature:		Position: Senator P F C Ozouf, Minister for Treasury and Resources
Date Signed:		Date of Decision:

Data Protection Commissioner: Reappointment

PROPOSITION

APPOINTMENT OF THE DATA PROTECTION COMMISSIONER

THE STATES are asked to decide whether they are of opinion –

to renew the appointment of Mrs Emma Martins as Data Protection Commissioner for Jersey in accordance with the requirements of the Data Protection (Jersey) Law 2005, Schedule 5, on the terms set out in the report of the Treasury and Resources Minister.

MINISTER FOR TREASURY AND RESOURCES

REPORT

Introduction

1.1 Schedule 5 of the Data Protection (Jersey) Law 2005 provides that the terms and conditions of the appointment of the Data Protection Commissioner are determined by the States at the time of the appointment.

Background

2.1 Mrs Martins was appointed as Data Protection Registrar on 1 April 2004, being promoted from her role as Deputy Data Protection Registrar. A report and proposition was lodged au Greffe on 10th February 2004 by the Finance and Economics Committee, stating – in accordance with paragraph 1 (1) of the Second Schedule to the Data Protection (Jersey) Law 1987, to appoint Mrs. Emma Martins to the post of Data Protection Registrar with effect from 1 April 2004.”

2.3 Paragraph (2) of Article 6 of the Data Protection (Jersey) Law 2005, which came into force on 1 December 2005, provides that the States may from time to time appoint a person to the office of Data Protection Commissioner, but until the first such appointment takes effect, the person holding office as Data Protection Registrar immediately before the Article comes into force shall hold office after then as Commissioner on the terms and conditions applying immediately before then.

2.4 Schedule 5 of the 2005 Law provides that the terms and conditions of appointment to the office of Commissioner shall be consistent with the Law and determined by the States at the time of appointment.

2.5 The States formally appointed Mrs Martins as Data Protection Commissioner in accordance with the provisions of the 2005 Law.

Recommendation

3.1 The States are now invited to re-appoint Mrs Martins for a further period of 5 years on the same terms and conditions as previously. (attached as Appendix)

Financial and Manpower implications

There are no additional manpower of financial implications arising from this proposition. The Data Protection Commissioner is already in post.

Appendix

Mrs Emma Martins

TERMS OF APPOINTMENT

1. The Appointee is engaged as Data Protection Commissioner. Pursuant to Para 2(5) of Schedule 5 2(5), the terms and conditions of the Appointee shall not be construed so as to create a contract of employment or agency between the States (or the Minister) and the Appointee.

2. The Appointment is for a period of 5 years except where it is terminated by either the States of Jersey or the Appointee. No later than four and a half years from the date of formal appointment (i.e. no later than 6 months prior to a period of 5 years being completed) a decision will be taken by the States as to whether the appointment is to be renewed and on what terms.

3. It is expected that the Appointee will work such hours as are necessary to fulfil the role properly. The minimum hours of work for this appointment are 37 hours per week. The Appointee shall reside in Jersey and shall not, either directly or indirectly, engage or be concerned in any other service or business whatsoever, or receive commission or profits of any kind.

4. The Appointee shall be entitled to remuneration equivalent to Civil Service Pay Grade 15/3. Remuneration shall be reviewed at annual intervals subject to any general pay awards agreed for the Civil Service pay group, effective from 1 June of each year. Any payments made in error to the Appointee will be deducted from the Appointee’s remuneration after due notice is given. Consideration will be given to the amount and timing of these repayments after consultation with the Appointee. The post is pension able and the Appointee is eligible to remain in the Public Employees Contributory Retirement Scheme (PECRS).

5. Termination of the appointment is by written notice, by either party. Any decision to terminate the appointment on behalf of the States of Jersey would be made by the States and a minimum period of 6 months notice would be given. For the avoidance of doubt, the Appointee shall not be entitled to compensation in the event of termination or non- renewal. Should the Appointee wish to terminate the appointment then she should give 4 months notice of that intention.

6. The States of Jersey shall indemnify (and hold harmless) the Appointee in respect of any claim arising in the course of her duties, save in the case of criminal wrongdoing, fraud or gross negligence.

7. The Appointee’s entitlement to paid time off for annual leave, study leave and maternity leave will be in line with terms and conditions agreed with the Director of Human Resources. In addition to the Terms and Conditions of Appointment as detailed above, the Appointee will, where appropriate, enjoy the same conditions of service as if she were employed as a Civil Servant at Grade 15/3. Any amendment may be agreed between the Appointee and the Director of Human Resources provided that such changes do not constitute a material departure from existing terms and conditions. A Memorandum of Understanding (“MoU”) will be entered into to address practical issues e.g. lines of communication, budgetary matters. The MoU will not form part of the terms and conditions of this appointment and may be amended from time to time.